Calcutta High Court (Appellete Side)
Prasanta Mallick vs The State Of West Bengal & Ors on 11 December, 2023
Author: Jay Sengupta
Bench: Jay Sengupta
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Justice Jay Sengupta
WPA 27523 of 2023
Prasanta Mallick
Versus
The State of West Bengal & Ors.
For the petitioner : Mr. Hamidur Rahamanm
Mr. Nuronobi Seikh.
.....Advocate
For the State : Mr. Amitesh Banerjee ld. SCC,.
Mr. Tarak Karan.
.....Advocates
Heard lastly on : 11.12.2023
Judgment on : 11.12.2023
Jay Sengupta, J:
This is an application alleging police inaction in a murder case.
Affidavit of service filed on behalf of the petitioner is taken on record.
Learned counsel appearing on behalf of the petitioner submits as follows. The
petitioner was employed in the CRPF. During an explosion, he became 90%
disabled. On 25.10.2023, there was a scuffle between two groups over a 'Biswarjan'.
2
Two FIRs were lodged. CCTV camera recorded everything. Thereafter, the accused
respondents threatened the petitioner and his family members over this issue. On
25.11.2023, when nobody else was there in the petitioner's house, the five accused
entered the same and assaulted the petitioner's 63 years old mother. They set her
on fire. She succumbed to the grievous injuries received. The petitioner called the
police, who came and took away the body. The victim's daughter went to the police
station to lodge a complaint, which was not received. Finally, an email had to be sent
to the concerned Superintendent of Police. But, there was no result. The local police
are now asking the petitioner to settle the matter.
Learned senior standing counsel representing the State submits as follows.
No one came to lodge a complaint. However, after receiving email, the
Superintendent of Police forwarded the complaint to the police station. They
recorded an FIR under Section 302 of the Penal Code. The same is being
investigated.
It is unfortunate that the police merely took the body, which showed signs of
homicide. Yet, they stopped at only lodging a UD case. They could have either
started a suo motu criminal case or have gone back to the residence of the family to
record an FIR from the relatives.
Fortunately, the family had sent an email to the Superintendent of Police that
led to the registration of the FIR, however, after a lapse of time. In fact, an FIR was
registered on 09.12.2023.
Let a report be filed by the State on the next date of hearing about the
progress of investigation.
The Investigating Agency shall also produce the case diary on the next date.
List this matter for hearing under the same heading 'To Be Mentioned' on 18th
December, 2023.
The Officer-in-Charge of the Saktipur Police Station shall keep a sharp vigil at
the locale and ensure that no breach of peace takes place and that no harm is done
to the petitioner and his family members.
The surveillance shall include sending frequent police patrols to the area.
In the event any untoward incident occurs or is apprehended by the petitioner,
he shall be at liberty to call up the Officer-in-Charge of the local Police Station who
shall then act in accordance with law.
With these observations, the writ petition is disposed of.
Urgent photostat certified copy of this order may be supplied to the parties
expeditiously, if applied for.
(Jay Sengupta, J.)
Sl.17 (NB)
